Sec. 204. cooperation with states
737 words·~3 min read·
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## Sec. 204 cooperation with states ###
(a)**[**Amends section 274 b. of the Atomic Energy Act of 1954.**]** ###
(b)**[**Amends section 274 d.
(2)of the Atomic Energy Act of 1954.**]** ###
(c)**[**Amends section 274 n. of the Atomic Energy Act of 1954.**]** ###
(d)**[**Amends section 274 j. of the Atomic Energy Act of 1954.**]** ###
(e)####
(1)**[**Amends section 274 of the Atomic Energy Act of 1954 by adding a new subsection o.**]** ####
(2)The provisions of the amendment made by paragraph
(1)of this subsection (which adds a new subsection o. to section 274 of the Atomic Energy Act of 1954) shall apply only to the maximum extent practicable during the three-year period beginning on the date of the enactment of this Act. **[**[42 U.S.C. 2021](/us/usc/t42/s2021) nt**]** ###
(f)**[**Amends section 274 c. of the Atomic Energy Act of 1954.**]** ###
(g)Nothing in any amendment made by this section shall preclude any State from exercising any other authority as permitted under the Atomic Energy Act of 1954 respecting any byproduct material, as defined in section 11 e.
(2)of the Atomic Energy Act of 1954. **[**[42 U.S.C. 2021](/us/usc/t42/s2021) nt**]** ###
(h)####
(1)During the three-year period beginning on the date of the enactment of this Act, notwithstanding any other provision of this title, any State may exercise any authority under State law (including authority exercised pursuant to an agreement entered into pursuant to section 274 of the Atomic Energy Act of 1954) respecting
(A)byproduct material, as defined in section 11 e.
(2)of the Atomic Energy Act of 1954, or
(B)any activity which results in the production of byproduct material as so defined, in the same manner and to the same extent as permitted before the date of the enactment of this Act, except that such State authority shall be exercised in a manner which, to the extent practicable, is consistent with the requirements of section 274 o. of the Atomic Energy Act of 1954 (as added by section 204(e) of this Act). The Commission shall have the authority to ensure that such section 274 o. is implemented by any such State to the extent practicable during the three-year period beginning on the date of the enactment of this Act. Nothing in this section shall be construed to preclude the Commission or the Administrator of the Environmental Protection Agency from taking such action under section 275 of the Atomic Energy Act of 1954 as may be necessary to implement title I of this Act. **[**[42 U.S.C. 2021](/us/usc/t42/s2021) nt**]** ####
(2)An agreement entered into with any State as permitted under section 274 of the Atomic Energy Act of 1954 with respect to byproduct material as defined in section 11 e.
(2)of such Act, may be entered into at any time after the date of the enactment of this Act but no such agreement may take effect before the date three years after the date of the enactment of this Act. ####
(3)Notwithstanding any other provision of this title, where a State assumes or has assumed, pursuant to an agreement entered into under section 274 b. of the Atomic Energy Act of 1954, authority over any activity which results in the production of byproduct material, as defined in section 11 e.
(2)of such Act, the Commission shall not, until the end of the three-year period beginning on the date of the enactment of this Act, have licensing authority over such byproduct material produced in any activity covered by such agreement, unless the agreement is terminated, suspended, or amended to provide for such Federal licensing. If, at the end of such three-year period, a State has not entered into such an agreement with respect to byproduct material, as defined in section 11 e.
(2)of the Atomic Energy Act of 1954, the Commission shall have authority over such byproduct material: *Provided, however, *That, in the case of a State which has exercised any authority under State law pursuant to an agreement entered into under section 274 of the Atomic Energy Act of 1954, the State authority over such byproduct material may be terminated, and the Commission authority over such material may be exercised, only after compliance by the Commission with the same procedures as are applicable in the case of termination of agreements under section 274 j. of the Atomic Energy Act of 1954.
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Sec. 204
cooperation with states
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